Saturna Island Local Trust Committee community information meeting, March 26, 2024

[0:00:00] Trustee Maude: live streaming and we're ready to go. Okay, good afternoon everybody. Thank you for joining us

[0:00:07] Trustee Maude: today for the regular meeting of the Saterna Island Local Trust Committee. I'd like to begin

[0:00:15] Trustee Maude: today by acknowledging that we're fortunate to be able to gather today in locations across the

[0:00:19] Trustee Maude: territory of the Coast Salish people. I'm David Maude, elected in Main Island, chair of the Saterna

[0:00:24] Trustee Maude: Island Local Trust Committee. I'm joined today by your Saterna Island trustees. Hopefully we have

[0:00:30] Trustee Maude: We have Trustee Boland with us right now.

[0:00:34] Trustee Maude: Trustee Middleton hopefully is coming in shortly.

[0:00:36] Trustee Maude: So we will proceed.

[0:00:40] Trustee Maude: So together we make up

[0:00:43] Trustee Maude: the Saturna Island Local Trust Committee.

[0:00:45] Trustee Maude: This meeting is being live streamed

[0:00:46] Trustee Maude: and recorded for those who are unable to attend the person.

[0:00:49] Trustee Maude: The recording will be posted on the trust website

[0:00:51] Trustee Maude: for future viewing.

[0:00:53] Trustee Maude: We have some staff members joining us today.

[0:00:56] Trustee Maude: day we have brad smith um who is planner uh we have katherine voight um planner too um well

[0:01:06] Trustee Maude: katherine um we have emily emily bryant who's our capable hands behind the green curtain that

[0:01:14] Trustee Maude: making this all work for us with our sincere appreciation um um and so um i just want to let

[0:01:23] Trustee Maude: know this meeting is the official forum for your local trust committee to make decisions about land

[0:01:28] Trustee Maude: use planning matters and discuss relevant business i want to add this place employment uh despite the

[0:01:34] Trustee Maude: fact many uh staff are in their own homes our staff have the right to a safe and respectful

[0:01:38] Trustee Maude: workplace um so we have an agenda before us um i don't if there are any additions or questions

[0:01:47] Trustee Maude: about the agenda otherwise by consent we will adopt that so trustee boland you have anything

[0:01:53] Trustee Maude: thing to

[0:01:53] Voice 12: no the agenda

[0:01:55] Voice 12: no the agenda is fine thank you

[0:01:57] Trustee Maude: okay well thank you um so we will adopt um the

[0:02:02] Trustee Maude: minutes as or the agenda is their case and then we have uh minutes before us uh from february 15th

[0:02:08] Trustee Maude: any comments or concerns about the minutes uh

[0:02:13] Voice 12: no i thought actually the minutes it's a good job

[0:02:17] Voice 12: thank you

[0:02:17] Trustee Maude: excellent we like we like good minutes so by consent we will adopt those minutes

[0:02:24] Trustee Maude: and so we'll move into we have a community information meeting that we will open up now

[0:02:32] Trustee Maude: so over to you planner smith thank

[0:02:38] Voice 2: you chair just let me find my window here so

[0:02:51] Planner: yes this is a

[0:02:52] Planner: community information meeting for application sarz 2023.2 the applicant mr sechuk and also the

[0:03:01] Planner: neighboring property or house owners. Proposed bylaw number 140 and 141 would amend the land

[0:03:08] Planner: use bylaw and the official community plan by rezoning the parcel at 100 and 101 Payne Road

[0:03:15] Planner: to permit an additional dwelling density. The density will transfer from 201 Harris Road through

[0:03:22] Planner: a private agreement between the property owners along with the donation of three additional

[0:03:25] Planner: densities from the Harris Road property to the community immensity reserve so this is now a

[0:03:33] Planner: community information meeting it's an opportunity for the public to ask questions of the applicant

[0:03:39] Planner: of myself or of the local trust committee the applicant should have a representative

[0:03:45] Planner: of uh online here as well and uh if emily could raise uh that person i think it's gene morgan

[0:03:58] Planner: yes if you can raise gene uh to a panelist that is representing the applicant and then uh when

[0:04:06] Planner: it's your time if you do have a question if you can raise your hand as an attendee and uh emily

[0:04:13] Planner: will make you a delegate and you can choose

[0:04:17] Planner: to turn your camera on or not. And with that,

[0:04:21] Planner: I'll pass it back to you, Chair Maud, to manage

[0:04:25] Planner: that question and answers if there are any. Thank you.

[0:04:28] Trustee Maude: All right. Thank you very much.

[0:04:30] Trustee Maude: So at this point, if anybody has any

[0:04:33] Trustee Maude: questions or want to make any statements, this would be appropriate.

[0:04:37] Trustee Maude: I don't know, Mr. Morgan, do you want to contribute anything? Are you

[0:04:40] Trustee Maude: just happy to to watch the proceedings you are muted if you're trying to talk can

[0:04:58] Voice 10: you hear me

[0:04:58] Voice 10: now

[0:04:58] Trustee Maude: excellent we got you okay

[0:05:00] Voice 10: so now i can't see anything i don't know what i did anyway

[0:05:05] Voice 10: maybe that's a good okay um thank you i would just like to say that linda is also probably on this

[0:05:12] Voice 10: and um yes

[0:05:14] Planner: linda cunningham yeah

[0:05:16] Voice 10: linda cunningham and uh i don't i've never done one of these before

[0:05:21] Voice 10: So I don't know whether we should be listening to people and responding or making opening statements.

[0:05:28] Voice 10: I realize that there is some upset because we have the letters we got this morning.

[0:05:36] Voice 10: And I don't know if you want us to listen to them and then respond or how we want to.

[0:05:44] Voice 10: I don't know how you proceed with these meetings. I apologize for that.

[0:05:49] Trustee Maude: Well, Trustee Borland.

[0:05:52] Voice 12: Just to follow up on that, maybe you or Brad could just say what the nature is of a community information meeting followed by a public hearing.

[0:06:02] Voice 12: Just the kind of ground rules would be helpful. Thanks.

[0:06:05] Voice 12: Certainly.

[0:06:06] Planner: So the public hearing is coming up and the public hearing is a statutory requirement of the rezoning because there's an OCP amendment in this case.

[0:06:15] Planner: And so the public hearing is really the opportunity for the public to speak to the local trust committees as to their perspective on the proposed bylaw amendment, in this case, the resigning that is before them, along with the two letters that you have received as public submissions as part of the statutory notification period.

[0:06:37] Planner: The CIM is not statutorily required, but it is typical that we hold a CIM prior to any public hearing to allow the opportunity for the public to ask any questions of the applicant, myself, staff, or the local trust committee prior to the public hearing.

[0:06:57] Planner: Thank you.

[0:06:57] Trustee Maude: Thank you, President Smith.

[0:06:59] Trustee Maude: um so so

[0:07:01] Planner: i would say it's for miss for miss morgan at this point uh you could certainly

[0:07:05] Planner: make a statement uh uh in respect of your application and your rationale why or you

[0:07:10] Planner: could just uh uh wait and see if there's any specific questions of your application that

[0:07:16] Planner: you may be asked to answer okay

[0:07:18] Voice 10: um i think that we've made it clear that the reason that we were

[0:07:21] Voice 10: looking to do this is given our age and the fact that we are tenants in common with Bev and Linda

[0:07:30] Voice 10: that we would like to separate the property and it would be for estate planning purposes

[0:07:38] Voice 10: and I understand that that is you know something that is upsetting people and I wait to hear why

[0:07:44] Voice 10: from them. And I think that we have attempted in submitting this application to ensure that

[0:07:56] Voice 10: community amendments, amenities rather, are actually protected. The density that we bought

[0:08:06] Voice 10: um is to assist in that particular land being saved from development and um we did that in

[0:08:16] Voice 10: good faith hoping that it would be of assistance to the community and i think that probably i'll

[0:08:23] Voice 10: leave it there and i'll just we'll you know i guess address questions that come forward thank

[0:08:29] Voice 10: you thank

[0:08:30] Trustee Maude: you i see miss cunningham has hand up you are muted still yes

[0:08:40] Voice 11: not not purposely i sort

[0:08:42] Voice 11: of was going to say that i was here and ready to speak if required so i will again mute and

[0:08:50] Voice 11: the hand hopefully is down okay

[0:08:52] Trustee Maude: thank you very much um so i see um anne petrell um has her hand

[0:08:58] Trustee Maude: up can

[0:09:03] Voice 9: you hear us and can you see us um

[0:09:06] Trustee Maude: can can't see you but we can't hear you you

[0:09:10] Voice 9: can hear us but

[0:09:11] Voice 9: you can't see us seeing

[0:09:13] Trustee Maude: you isn't important um unless you have something specific

[0:09:19] Voice 9: well we're trying to get the uh the video working here for some reason the audio is working you can

[0:09:26] Voice 9: hear us absolutely

[0:09:27] Voice 9: we'll leave we'll leave it at that and if we have any questions they have

[0:09:30] Voice 9: already been posed in our letter or we can discuss our letter separately uh when you want to open the

[0:09:37] Voice 9: floor whichever way you want to proceed but uh we'll take it from here in your direction yeah

[0:09:44] Trustee Maude: well this is your best opportunity um if if you have something particular to say yes

[0:09:50] Voice 9: i i there is

[0:09:52] Voice 9: a clarification that you can provide me right now before we get to the meeting and that is the

[0:09:56] Voice 9: the square footage of the two buildings that are extant on the properties one is a residential main

[0:10:03] Voice 9: building uh which is uh taychuck and morgan and the other one is uh called a cottage which is uh

[0:10:12] Voice 9: cunningham and lousley so you have uh the exact square footage because i mentioned

[0:10:18] Voice 9: my recollection of the square footage of seating bylaws

[0:10:25] Voice 9: we have

[0:10:26] Planner: no particular record of the specific square footage of either of these structures

[0:10:32] Planner: there's nothing in our bylaw uh information or history that indicates that this structure is

[0:10:40] Planner: of an illegal size if the rezoning was to proceed uh the applicant would have a a dwelling right

[0:10:47] Planner: on each side of Payne Road and so they would no longer have an accessory cottage they would have

[0:10:53] Planner: basically two dwelling rights with no cottage rights which they could then subdivide the two

[0:11:01] Planner: lots and have one dwelling with no accessory cottage on on each side and with the density

[0:11:10] Planner: coming from the Harris Road property being purchased from Miss Myers so that there's no

[0:11:15] Planner: No increase in net density.

[0:11:18] Voice 9: Okay, let

[0:11:18] Voice 9: me be perfectly clear then with my question.

[0:11:21] Voice 9: I recall distinctly, this is Al Rizzuto speaking, that I saw a square footage listed.

[0:11:29] Voice 9: Because of the shortness of the notification, I haven't been able to find all my files,

[0:11:34] Voice 9: but I could in future circumstances.

[0:11:36] Voice 9: The square footage listed for the main house, which was the HF Morgan house, was 3,000 square

[0:11:42] Voice 9: feet and the other one was 2,000 square feet and I remember those figures and I didn't

[0:11:50] Planner: imagine the

[0:11:51] Planner: applicant here could speak to the size of their homes good

[0:11:55] Voice 9: good thanks that's the

[0:11:57] Voice 9: question all

[0:11:59] Trustee Maude: right so um does Linda or Jean have any particular insight as to square footages

[0:12:06] Trustee Maude: it's

[0:12:07] Voice 10: it's Jean speaking Jean Morgan um our house is not 3,000 square feet um it is probably

[0:12:15] Voice 10: 1,800 square feet uh much less than what they believe it to be and um I'll let Linda speak to

[0:12:22] Voice 10: their cottage um but it's uh I don't know where they got those figures I have no idea I don't

[0:12:31] Voice 10: even know where they would be published I

[0:12:33] Trustee Maude: think the only place you might easily access Mr. BC

[0:12:36] Trustee Maude: the assessment yeah

[0:12:37] Voice 10: there's nothing on there uh

[0:12:40] Voice 11: if i may linda cunningham speaking our cottage

[0:12:44] Voice 11: because of the bylaws on saturn if you have more than three acres you may have a cottage of up to

[0:12:52] Voice 11: one thousand square feet our cottage is 995 square feet okay

[0:12:58] Trustee Maude: thank you all right so that addresses

[0:13:02] Trustee Maude: addresses that uh well i

[0:13:05] Voice 9: would like to say thank you very much for for the uh responses i think the

[0:13:11] Voice 9: bc assessment may be a source of uh my uh original information and i will look that up because i

[0:13:17] Voice 9: can't do this during this meeting so thank you very much thank you okay does

[0:13:26] Trustee Maude: anybody else have

[0:13:27] Trustee Maude: any questions?

[0:13:31] Voice 9: Let me just add one more question. This is Al Rizutis again. Yes, sir. The additional

[0:13:37] Voice 9: property that is listed here at 201 Harris Road. Let me understand this property to be

[0:13:46] Voice 9: completely separate. I see that it's a true road. There is a bunch of other designations that

[0:13:56] Voice 9: it appeared to indicate that it's on the other side of the island,

[0:13:58] Voice 9: so it's not continuous or next door to the existing property at 101 Payne Road and 100 Payne Road, correct?

[0:14:08] Voice 9: Father Smith?

[0:14:10] Planner: Yes, that is correct.

[0:14:12] Planner: The Saterna Island OCP restricts increasings in density,

[0:14:17] Planner: and so for the rezoning to work, the applicant needed to seek a density from another parcel,

[0:14:24] Planner: which they have done through a private agreement with the owner of 201 Harris Road.

[0:14:29] Planner: The owner of 201 Harris Road is also seeking to give away a large portion of her land to the Nature Conservancy.

[0:14:37] Planner: And thus, because it's a large piece of land with subdivision potential,

[0:14:42] Planner: there's additional densities that could be realized if she were to ever subdivide that under its current zoning.

[0:14:50] Planner: And so she is selling one to the applicants in this case, so that they then have that density in their pocket to increase it from one house to two.

[0:15:02] Planner: And she's giving away three other densities to the community as a benefit to, and the local trust committee is called the Community Amenity Density Reserve.

[0:15:15] Planner: It's quite a unique mechanism in your OCP, which allows donation or receipt of densities that can then be used to conserve lands in the future through other kinds of land trades.

[0:15:31] Voice 9: So this is not based on a community or neighborhood situation, but any density, any property from any side of the island could be transferred to any other applicant.

[0:15:43] Voice 9: This is what I'm hearing here.

[0:15:45] Planner: correct if correct if the local trust committee agrees to it through this rezoning process now i

[0:15:52] Voice 9: would like to just ask one last question about of the island trustees and the staff and including

[0:15:56] Voice 9: you brad uh why was it until only until march that we received notification of this action that

[0:16:04] Voice 9: commenced in 2023 and we are the immediate neighbors uh directly affected by this uh

[0:16:11] Voice 9: a proposition, leaving us less than three weeks to prepare for this meeting.

[0:16:18] Voice 9: The statutory

[0:16:19] Planner: requirements which are imposed in the Local Government Act require that notification

[0:16:28] Planner: be sent to all property, along with the North Pender By-law that the Local Trust Committee

[0:16:35] Planner: owns, in a sense, requires that notification be sent to all property owners within 100

[0:16:41] Planner: hundred meters of each subject parcel uh within a certain time period designated in the local

[0:16:46] Planner: government act which is something like 10 to 21 days before the public hearing uh with respect

[0:16:53] Planner: to the application itself it has been on many uh local government agendas and uh and has been

[0:16:59] Planner: passed through uh many staff reports as the local trust committee has considered uh so it has been

[0:17:06] Planner: in in the public realm, but we don't advertise to each property owner the agendas of those

[0:17:14] Planner: meetings. We just don't have that capacity. Well,

[0:17:18] Voice 9: I think that that's a problem. And I would

[0:17:21] Voice 9: hope that you would address that problem in the future because homeowners are not prone to be

[0:17:29] Voice 9: scouring the internet to see if there's any activity happening with regards to the trust

[0:17:35] Voice 9: We do

[0:17:37] Planner: also advise that the property owners seek to engage with their neighbors and get neighbor support, but we can't dictate or require that.

[0:17:49] Planner: So in this case, it would have been best certainly if the property owners had engaged you earlier and you had more time.

[0:17:55] Planner: I completely understand that point of view.

[0:17:58] Voice 9: Well, I think it would have been essential.

[0:18:00] Voice 9: and the fact is that the history that is alluded in our comments and letter says that there has

[0:18:07] Voice 9: been a past difficulty in getting any kind of notification from our neighbors and I doubt

[0:18:11] Voice 9: very much that we would have been the ones on their mailing list with regards to this but you

[0:18:16] Voice 9: do see in the two letters that were sent to you two neighbors with direct lines of

[0:18:24] Voice 9: of shared boundary.

[0:18:27] Voice 9: So both of these letters came at a late date

[0:18:30] Voice 9: without the ability to have a complete prepared document

[0:18:34] Voice 9: documenting every single question that may arise.

[0:18:37] Voice 9: But I would ask you in the future to either leave more time

[0:18:42] Voice 9: or get better at disclosing your activities

[0:18:45] Voice 9: with regards to the immediate neighbors.

[0:18:48] Voice 9: Thank you.

[0:18:49] Trustee Maude: Trustee Bowen.

[0:18:51] Trustee Maude: uh

[0:18:53] Voice 12: i just i just want to make a remark i mean i understand where we are but um you can actually

[0:19:01] Voice 12: subscribe to the islands trust to get alerts for all meetings and all the agendas and all the

[0:19:10] Voice 12: material about everything that's happening on saturn is on the islands trust saturn island

[0:19:18] Voice 12: island page with all of the staff reports and the minutes of the meetings so I realize that

[0:19:26] Voice 12: it's difficult to keep up with things but there you know the information is there and it is

[0:19:33] Voice 12: difficult as a trustee I would say it's quite difficult to get people to engage in general

[0:19:39] Voice 12: but we don't have very many meetings so I would encourage everybody to really you know get on

[0:19:47] Voice 12: on board with the meetings. We have one every quarter or so. And, you know, people come to the

[0:19:53] Voice 12: community hall and to the rec center and do attend. And it's really appreciated. But it is

[0:20:00] Voice 12: hard to get these messages out without people actually, you know, being willing to engage

[0:20:07] Voice 12: where it's possible. So thank you.

[0:20:12] Trustee Maude: I see Mr. Bruce has his hand up. Mr. Bruce, if you're

[0:20:24] Trustee Maude: wanting to speak, you're muted right now.

[0:20:27] Voice 7: Okay, how's that? Perfect. Okay.

[0:20:31] Voice 6: Yeah, a couple of

[0:20:33] Voice 6: things that I'd like to mention. I've actually owned my property for 47 years. I've lived here

[0:20:38] Voice 6: for about 40, over 40 years of that time. And, you know, this is an important subdivision

[0:20:48] Voice 6: application and the reason for that is that there's a there's a wetland down here and um

[0:20:55] Voice 6: you know on on page nine and ten of your policy trust or trust policy statement you talk about

[0:21:02] Voice 6: wetlands and um i would like to see better protection for wetlands in in general and

[0:21:10] Voice 6: And unfortunately, this particular one has been changed, part of it anyway.

[0:21:19] Voice 6: And the reason it's so important is because, you know, downstream, myself and there's a couple of other properties down here, everything flows down into Boot Cove.

[0:21:28] Voice 6: This particular wetland drains a very large watershed.

[0:21:32] Voice 6: And I mapped that out with a hydrogeotech engineer, a high-profile engineer.

[0:21:38] Voice 6: we came over and looked at the whole wetland and it should be protected in fact he felt he used to

[0:21:45] Voice 6: work for the province in the ministry and felt that the stream should also have been registered

[0:21:49] Voice 6: but it isn't so these are things that the islands trust has to start taking a little more seriously

[0:21:55] Voice 6: and not just talking about it in their policy statements because these do have an effect and

[0:22:02] Voice 6: And any future owner of these particular properties, when they get sold, will come in thinking that they can do whatever they want and everything starts all over again.

[0:22:14] Voice 6: And it just creates problems for us.

[0:22:16] Voice 6: And it's not just on this island this is happening.

[0:22:18] Voice 6: When this happened, in this case, with my property being flooded, I looked into this in other islands.

[0:22:27] Voice 6: And the same thing is happening in other islands, too.

[0:22:29] Voice 6: So this is something. Sometimes it's a matter of people just don't really realize the implications of what they're doing on their property and how that might affect a neighbor's property.

[0:22:44] Voice 6: So there's that part of it, too. But that has to be looked after a little in a little better way by the trust, I think.

[0:22:52] Voice 6: and um the other thing is this particular property and i didn't talk about this in my

[0:22:59] Voice 6: letter there are two intact uh charcoal pits on here there's a history of japanese

[0:23:07] Voice 6: uh people living here and using those these this area especially this wetland area up in here

[0:23:15] Voice 6: uh to make charcoal for greenhouse operations on main island and um i don't know how you know i

[0:23:24] Voice 6: know that first nations sites are obviously you know the archaeological branch takes that stuff

[0:23:29] Voice 6: pretty seriously and i'm not sure where that is with the uh with the charcoal pits because there

[0:23:36] Voice 6: are several on other islands too and you know the trust would know more about that than i do but

[0:23:42] Voice 6: But certainly, that's part of our history.

[0:23:45] Voice 6: And there should be some sort of protection or recognition of that.

[0:23:51] Voice 6: And I do know this particular property, I think, has two of them.

[0:23:54] Voice 6: One here behind me between the lower part of this particular property and a neighboring property.

[0:24:05] Voice 6: And then another one up on, I think it's up on the upper part of their property, as far as I know.

[0:24:12] Voice 6: anyway that's what I what I have to say about this and and you know the main my main concern

[0:24:20] Voice 6: is protection and and you know protections that avoid problems that can arise because of

[0:24:27] Voice 6: lack of protection hey thank you

[0:24:32] Trustee Maude: Mr. Bruce so Planner Smith do you have anything to sort of

[0:24:35] Trustee Maude: add into that or in

[0:24:38] Voice 6: what way I'm

[0:24:40] Trustee Maude: just asking Planner Smith if he has anything

[0:24:42] Trustee Maude: anything to speak to about the the wetlands or the preservation of the charcoal pits yeah okay

[0:24:48] Trustee Maude: yes

[0:24:49] Planner: uh i do so staff do review the the information that we have on file in our system and there's

[0:24:56] Planner: nothing about charcoal pits but uh there there was a bylaw complaint in 2018 with respect to

[0:25:04] Planner: the water course uh it was identified in the notes here as not being a water course and that

[0:25:10] Planner: there were no structured so identified as being in setbacks so the file was closed so that's all

[0:25:16] Planner: that we have to work on in terms of uh uh with respect to uh the assessment around uh whether

[0:25:23] Planner: water courses exist on that land and and then if they did if there were violations in encroachment

[0:25:31] Planner: so there it was deemed there was no encroachment to a water course and indeed it is also not

[0:25:38] Planner: registered by the province okay

[0:25:41] Trustee Maude: thank you thank you

[0:25:42] Planner: um

[0:25:43] Trustee Maude: okay um i see one more hand up uh um

[0:25:48] Trustee Maude: okay hold on yeah we got you

[0:25:57] Voice 9: you want me okay yes do this again um 2017 to 2018 and onward there

[0:26:05] Voice 9: were specific correspondences directed to islands trust and the trustee at that time was lee

[0:26:11] Voice 9: Lee Middleton, who unfortunately is not at this meeting, who confirmed all of these

[0:26:16] Voice 9: communications. And if you take a careful read of our submission, Harperwell and Rizutis, you will

[0:26:22] Voice 9: see a number of chronologies and documentations that even if the Islands Trust Planner doesn't

[0:26:31] Voice 9: have in hand or may not be easily dug up in the record, I can provide, Al Rizutis can provide

[0:26:40] Voice 9: a whole bunch of information, including photographs, documents, correspondence with lands and highways

[0:26:47] Voice 9: and a number of other agencies, including Islands Trust.

[0:26:51] Voice 9: So I don't appreciate being told that we don't have any record of this.

[0:27:00] Voice 9: I hope that made sense.

[0:27:01] Trustee Maude: It made sense. Thank you.

[0:27:03] Trustee Maude: Thank you. Yes, I guess the question is, and I'll pass it to Planner Smith, is how these past issues are affecting what's before us today.

[0:27:19] Planner: We do have some record of that information occurring, and it's just the findings don't align with what your perspective might be.

[0:27:30] Planner: Thank

[0:27:32] Trustee Maude: you, Dr. Smith. All right. Does anybody else have any questions or statements?

[0:27:43] Voice 9: Yes, I do. I have one more question. And if your findings, which you're referring to,

[0:27:48] Voice 9: and that is past findings with incomplete files, do not align with our interpretation

[0:27:55] Voice 9: or experience and the documentation of this interpretation, then I would ask that the

[0:28:02] Voice 9: the entire matter be held over until you find you get the right information so you can re-evaluate

[0:28:08] Voice 9: your findings from an objective and a complete factual basis rather than rely on incomplete

[0:28:15] Voice 9: filings. So can this be done? That is the question. Can we expect Islands Trust to have a more

[0:28:23] Voice 9: comprehensive documentation and history? And if so, we can provide anything that is missing

[0:28:28] Voice 9: to make this happen well

[0:28:32] Trustee Maude: my only question sir would be there's an application before us

[0:28:37] Trustee Maude: and and how these previous issues how do they impact the application that's before us

[0:28:47] Voice 3: what previous experiences our previous experience um hook into this uh

[0:28:56] Voice 3: Well, I think that

[0:28:58] Voice 3: it

[0:29:00] Voice 9: specifically refers to the statement made by the finding made by the staff that they saw no problem in the stewardship section of environmental issues.

[0:29:13] Voice 9: Whereas the problems that I'm raising had everything to do with the lack of stewardship, lack of due diligence, lack of responsible behavior, which put that wetland area out of business for a while when the channel was cut across the property lines to redirect water from our land through the 101-pane residence

[0:29:39] Voice 9: And flood Mr. Robert Bruce's property. So this has a direct bearing because, frankly, the facts that are being presented here have to be complete so that the judgments or the decision can be informed rather than partial and wacky.

[0:30:01] Voice 9: it's quite upsetting i

[0:30:04] Trustee Maude: certainly appreciate your your point of view sir um

[0:30:11] Trustee Maude: moving forward um is there a need for um for any more further information

[0:30:21] Trustee Maude: um from the history end of things to to affect um your guidance that

[0:30:29] Planner: would be up for the look

[0:30:29] Planner: up to the local trust to city committee to decide you have information from the public you have a

[0:30:37] Planner: staff report for consideration after your public hearing that at this point recommends that you

[0:30:43] Planner: proceed with the next steps of sending it to executive committee from the information that

[0:30:51] Planner: we have in our file it was deemed to not be a waterway and there were no concerns identified

[0:30:57] Planner: in 2018 with respect to the application.

[0:31:02] Planner: It's my understanding that each side of the parcel

[0:31:07] Planner: is more or less built out now.

[0:31:11] Planner: I guess they could always expand those properties

[0:31:14] Planner: in the future.

[0:31:17] Planner: So there is that risk, certainly.

[0:31:20] Planner: And that's the perspective of the property owner,

[0:31:23] Planner: I think, what he's conveying.

[0:31:24] Voice 9: I would, if I could,

[0:31:27] Voice 9: I would just ask you to take a walk to the particular location right in front of the protection of groundwater protection zone sign on 101 Payne, and take a look to the right and tell me if there isn't a waterway and water flowing.

[0:31:42] Voice 9: We have people with definitions that lie on

[0:31:46] Voice 9: favorable interpretations.

[0:31:47] Voice 9: But even if there

[0:31:49] Planner: is a waterway, I guess to Trustee Mudd's point, how does that impact the decision they have before them, which is whether to permit the increase in density of one to allow them to split their parcel and keep the remaining structures that they have?

[0:32:08] Planner: It

[0:32:08] Voice 3: has to do with them being, the kind of care they take in the land, the kind of stewardship which they're claiming to do, which is not true. That's what it has to do.

[0:32:19] Voice 3: And

[0:32:20] Voice 9: you're putting the potential for more density, more pollution, more diversion of natural processes with the same parties now asking to double the density in that area, which I find to be quite bizarre.

[0:32:37] Voice 9: And you cannot, I believe in all good conscience, ignore the fact that this is a very special area that is not going to be just, you know, you can't say there is no water here.

[0:32:49] Voice 9: there is water take a look but the

[0:32:51] Planner: density the density already exists in that they're

[0:32:55] Planner: using each house separately as a separate residence and so i think that's the point

[0:32:58] Planner: that the ltc are seeking to address for the property owner they're connected to the community

[0:33:04] Planner: water system their septic approval is all in place and they're not proposing any new development or

[0:33:10] Planner: septic if they did they would have to come to the islands trust and the crd for building permit

[0:33:15] Planner: permit approval and meet all the requirements around that if they were to redevelop those

[0:33:20] Planner: land bases which would still only allow for the one house in the future yeah

[0:33:26] Trustee Maude: i see trustee

[0:33:26] Trustee Maude: and i have mr bruce after her and

[0:33:31] Planner: i'm just i'm just trying to convey information i'm not i

[0:33:34] Trustee Maude: appreciate that yeah thank

[0:33:36] Voice 12: you no bad but thank you and so i just want to be clear if this is

[0:33:40] Voice 12: community information can i offer an opinion or should i just keep that for later i would say

[0:33:47] Planner: say this is where you could have dialogue with your constituents absolutely okay

[0:33:52] Voice 12: well um I

[0:33:55] Voice 12: understand uh the difficulties that arise have arisen here however I agree with um trustee uh

[0:34:05] Voice 12: sorry planner Smith and the issues are not connected the protection of a you know waterway

[0:34:17] Voice 12: and potential impact on other properties,

[0:34:23] Voice 12: that isn't effective by what is asked of us

[0:34:29] Voice 12: and what we're proposing to do.

[0:34:31] Voice 12: If different people owned it in the future,

[0:34:34] Voice 12: in 20 years, 20 years ago,

[0:34:37] Voice 12: any or all of these circumstances could have arisen.

[0:34:41] Voice 12: So I'm struggling to make a direct line of connection

[0:34:47] Voice 12: between the issues raised and the question that we are asked to address so

[0:34:56] Voice 12: that's where I am for the moment at least thanks thank

[0:35:02] Trustee Maude: you mr. Bruce you're

[0:35:12] Trustee Maude: still muted if you're speaking

[0:35:14] Voice 7: okay how's that perfect okay

[0:35:18] Voice 6: what I and I'll

[0:35:19] Voice 6: just reiterate a little bit i i sort of covered this but the biggest concern is certainly that

[0:35:27] Voice 6: another property owner decides that uh they want to turn that into a farm or something that that

[0:35:34] Voice 6: part of the wetland that remains should be protected and um everything that comes down there

[0:35:42] Voice 6: you know that your planner mr smith said that this isn't um you know it's not registered well

[0:35:49] Voice 6: Well, it isn't, but it should be.

[0:35:51] Voice 6: And that was confirmed by a very qualified hydrogeotech engineer who used to work for

[0:35:59] Voice 6: the ministry.

[0:36:00] Voice 6: He was surprised that it wasn't, considering the size of watershed that it actually drains.

[0:36:07] Voice 6: And all of that ends up down in Boot Cove.

[0:36:10] Voice 6: There was for probably a very long time after that work went on on that property, the

[0:36:18] Voice 6: excavating, et cetera.

[0:36:19] Voice 6: the silt that ran into the bay i've never seen anything like it the creek ran solid mud for a

[0:36:24] Voice 6: very long time and that has a huge effects in in

[0:36:28] Voice 4: terms

[0:36:29] Voice 6: of shellfish stuff and other things

[0:36:32] Voice 6: so you know it but but without getting too long-winded here that it that these these

[0:36:40] Voice 6: features that i'm talking about really need some kind of protection to assure you know those of us

[0:36:48] Voice 6: that suffer the consequences if somebody gets in there starting starts doing something that

[0:36:52] Voice 6: they shouldn't be doing or is is wrong-headed we have no protection from that and you know i i

[0:37:00] Voice 6: um you're not an engineer mr smith so you don't really know what you're talking about as far as

[0:37:05] Voice 6: the stream goes that's just uh ridiculous but that has to be those kinds of things have to be

[0:37:15] Voice 6: properly worked out anyway that's all i have to say about it

[0:37:19] Trustee Maude: okay thank you very much um it's

[0:37:21] Trustee Maude: i just want to make it clear is what we're looking at today is is something that that is not a not

[0:37:31] Trustee Maude: really dealing with the past um it is um it's it's a more of an exercise of moving some lines

[0:37:40] Trustee Maude: on a piece of paper um it's it's not enabling any development um and it's not does not have

[0:37:47] Trustee Maude: the ability uh to to enable anything further density wise or or anything else so um i

[0:37:56] Trustee Maude: appreciate that there's been a great deal that's happened in the past but um those past dealings

[0:38:02] Trustee Maude: have been dealt with um obviously you don't agree with with the outcome but um bylaw complaints

[0:38:09] Trustee Maude: were made, concerns were raised, and they were dealt with at the time. And this really isn't

[0:38:14] Trustee Maude: the forum to sort of be dealing with those issues. If you feel that it should be a registered

[0:38:20] Trustee Maude: water course or wetland, that needs to be probably between yourselves and the province to raise those

[0:38:28] Trustee Maude: issues. And certainly your hydrologist should have done that at the time. What we're dealing

[0:38:35] Trustee Maude: with right now is something a little bit more different than dealing with those type of concerns

[0:38:42] Trustee Maude: and then certainly i have to to state you know this is not about the applicants this is about

[0:38:50] Trustee Maude: land use um we do not um put weight into the the behavior or the particular person who's making an

[0:38:58] Trustee Maude: application uh we're we're making decisions based on base best land use practices um so you know

[0:39:08] Trustee Maude: it's uh to to say that they aren't good stewards or such um we're we really don't put weight on

[0:39:16] Trustee Maude: that in our decision-making basis because we're a land use body um and um it's much nicer when

[0:39:23] Trustee Maude: when neighbors get along but um we have to sort of move forward with this i i think that um we've

[0:39:30] Trustee Maude: kind of addressed the questions that have been brought forward and and um i think that unless

[0:39:36] Trustee Maude: somebody has something new to bring to the table uh we sort of need to move on with this i do

[0:39:43] Trustee Maude: okay go ahead um

[0:39:45] Voice 3: i i understand that that the the how the water was done is

[0:39:51] Voice 3: it's an issue of trust for us people but beyond that i'm really upset we spent years and years

[0:39:59] Voice 3: and a lot of money and time to make an official community plan and now anybody that has the money

[0:40:07] Voice 3: can just change for no particular reason it increase it's a possible increase of density

[0:40:13] Voice 3: in our neighborhood which already has a lot of people it's if you want to increase density

[0:40:19] Voice 3: I think you should change the OCP if you want a property to be subdividable I think you should

[0:40:27] Voice 3: change the OCP not do this on a like a base one by one basis I think it's unjust and unfair to

[0:40:36] Voice 3: continue to make exceptions to the rules that benefit individual property over the other issue

[0:40:42] Voice 3: I have is that this this they're how they own the property their interest in the property if

[0:40:49] Voice 3: the structure they have right now doesn't work for them there's a number of other ways you can

[0:40:56] Voice 3: own land jointly in british columbia that will give them more financial separation i really feel

[0:41:03] Voice 3: that their estate planning is not a community issue it's a private issue and i would like to

[0:41:13] Voice 3: see it dealt with accordingly just

[0:41:16] Trustee Maude: to be clear though a lot of stuff i'm sure i'm sure is about

[0:41:19] Trustee Maude: to say what i'm about to say so i will pass it off to planner smith uh

[0:41:24] Planner: i was just going to say that

[0:41:26] Planner: we are in a cim so this is really a time to be asking questions and if you have any other

[0:41:31] Planner: questions of uh the applicant or myself or the ltc then this is the time to get them answered

[0:41:36] Planner: uh statements with respect to your opinion around the application which we now understand uh really

[0:41:43] Planner: should be held off for the public hearing which is the official public record of of the kind of

[0:41:49] Planner: public input uh what i would say just to uh respectfully uh through chair mod to clarify

[0:41:55] Planner: is that this this application does uh uh increase the ability to build uh one of those structures

[0:42:03] Planner: larger than the thousand square foot minimum that it has so there is in a sense some construction

[0:42:09] Planner: potential while there is not actual density uh increase as that's being traded if there was a

[0:42:17] Planner: water wetland or some uh area to be protected the local trust committee could seek uh uh the

[0:42:25] Planner: granting of a section 219 covenant from the property owner to protect those areas from any

[0:42:30] Planner: future development uh if you wanted to in this case as there's no designated wetland i'm not

[0:42:37] Planner: sure if staff would necessarily support that approach versus if there was some kind of

[0:42:43] Planner: viable mapped ecosystem future that should be protected uh in the future i'll just leave it

[0:42:49] Planner: at that but i think it is sounding like it's almost due time to start moving into your public

[0:42:53] Planner: hearing unless there's any other specific questions for us thank you

[0:42:57] Trustee Maude: thank you planner smith so does

[0:43:00] Trustee Maude: anybody else have any questions if not i think um i will uh move on to the public hearing um

[0:43:12] Trustee Maude: um just for the next part of the process um regrettably uh trustee middleton has not joined

[0:43:20] Trustee Maude: us yet but uh we will proceed trustee

[0:43:24] Voice 12: is with us oh

[0:43:26] Trustee Maude: i missed him

[0:43:30] Trustee Middleton: yeah excuse me apologies for the

[0:43:34] Trustee Middleton: the lateness i had a uh a mix-up of appointments and um was able to kind of combine the two here

[0:43:42] Trustee Middleton: i don't have the most ideal meeting spot but i can hear and see you all so uh apologies once again

[0:43:47] Trustee Middleton: and i'm happy to uh to be here well

[0:43:51] Trustee Maude: thank you and welcome all right so if everybody's okay with it

[0:43:57] Trustee Maude: we will move on to the the public hearing uh part of the process um this is a little bit more formal

[0:44:03] Trustee Maude: um i have many words to read um as part of the legal process so if people will bear with me

[0:44:11] Trustee Maude: I will natter on.

[0:44:13] Trustee Maude: So open the public hearing.

[0:44:15] Trustee Maude: The public hearing for proposed bylaws number 140 and 141 is now open.

[0:44:21] Trustee Maude: I wish to welcome everybody in attendance and acknowledge that we're meeting in the territory of Coast Salish First Nations.

[0:44:26] Trustee Maude: My name is Trustee David Maud.

[0:44:29] Trustee Maude: I'm chair of the Stirling Island Local Trust Committee.

[0:44:31] Trustee Maude: I would like to introduce Stirling Island Local Trust Committee members, Lee Middleton and Marie Poland.

[0:44:36] Trustee Maude: Poland. I'd like to introduce the trust planning staff, Brad Smith,

[0:44:41] Trustee Maude: and minute-taking recorder, Kathleen Vaughn.

[0:44:47] Trustee Maude: All right.

[0:44:50] Trustee Maude: So we will, this public hearing is being convened,

[0:44:54] Trustee Maude: presented with section 465 of the Local Government Act in order to consider

[0:44:59] Trustee Maude: the following proposed bylaws. Proposed bylaw number 140,

[0:45:03] Trustee Maude: cited as Southerner Island Official Community Plan numbers

[0:45:06] Trustee Maude: No. 70-2000, Amendment No. 1-2023, Proposed By-law No. 141, Sites of Supernal End,

[0:45:14] Trustee Maude: U.S. By-law No. 119-2018, Amendment No. 2-2023.

[0:45:18] Trustee Maude: All persons who believe that their interest in property is affected by the proposed by-laws

[0:45:24] Trustee Maude: will be given a reasonable opportunity to be heard or to present written submissions

[0:45:27] Trustee Maude: respecting matters contained with the proposed by-laws.

[0:45:30] Trustee Maude: Those wishing to speak should commence their presentation by clearly stating their name

[0:45:35] Trustee Maude: and address. Members of the Local Trust Committee may, if they wish, ask questions of you following

[0:45:40] Trustee Maude: your presentation. However, the main function of the Local Trust Committee members is to listen

[0:45:45] Trustee Maude: to the views of the public. It is not the function of the committee members to debate the merits of

[0:45:49] Trustee Maude: the proposed bylaws with individual citizens. Everyone will be given a reasonable opportunity

[0:45:54] Trustee Maude: to be heard. None should feel discouraged from presenting his or her views. In considering the

[0:46:00] Trustee Maude: proposed bylaws, the Local Trust Committee has received documents which may influence its

[0:46:04] Trustee Maude: decision. Those documents are available for review during this hearing on our website and as

[0:46:10] Trustee Maude: indicated in the public hearing notice. Any person who wishes to present a written submission to the

[0:46:16] Trustee Maude: local trust committee may do so and all written submissions must be received by the local trust

[0:46:21] Trustee Maude: committee before the close of the hearing. And that will be, I would assume at this point,

[0:46:26] Trustee Maude: through email. I don't know if Emily can put up an email address on the screen, but

[0:46:32] Trustee Maude: But that would be the logical forum for submitting anything at this late moment.

[0:46:38] Trustee Maude: You're only operating to comment on the proposed bylaws during this hearing as members of the Local Trust Committee may not receive further submissions after the close of the hearing.

[0:46:47] Trustee Maude: After this public hearing is concluded, the Local Trust Committee may, without further notice, make whatever decision it deems proper with respect to the bylaws that is subject to this public hearing.

[0:46:57] Trustee Maude: And we will pass it over to Planner Smith.

[0:46:59] Trustee Maude: Smith.

[0:47:11] Voice 2: Sorry, I have to log into one and then jump into the other to get back to Zoom.

[0:47:15] Voice 2: I

[0:47:16] Trustee Maude: know all about this. So I'll summarize the public hearing notice, key points to the

[0:47:21] Trustee Maude: bylaws and referral agency responses.

[0:47:24] Planner: Thank you, Chair Maud, and just bear with me as well as I'm

[0:47:28] Planner: reading from a script mostly. A copy of the notice was advertised in two consecutive editions of the

[0:47:35] Planner: driftwood newspaper on march 13th and march 20th 2024 all statutory notification requirements under

[0:47:41] Planner: the local government act have been completed there's a copy of the complete public hearing

[0:47:46] Planner: binder available during this public hearing and is located on the islands trust website under the

[0:47:50] Planner: current application page for saturn island the purpose of proposed bylaws number 140 and 141

[0:47:56] Planner: if adopted will amend the saturn island land use bylaw number 119 2018 and the saturn island fish

[0:48:02] Planner: Saterna Island official community plan by rezoning the subject parcel located at 100 and 101 Payne

[0:48:09] Planner: Road to allow for the an additional density dwelling or an additional dwelling density to

[0:48:14] Planner: be added. Currently the shared property is a single primary dwelling in an accessory cottage

[0:48:18] Planner: which are owned by separate families. The proposed additional density is to be transferred from the

[0:48:23] Planner: subject parcel located at 201 Harris Road. Three additional densities are also being donated by

[0:48:29] Planner: the Harris World property owner to the community amenity density reserve to be used for future

[0:48:34] Planner: property acquisition for conservation purposes the proposed bylaws were referred to Parks Canada

[0:48:40] Planner: Ministry of Transportation and Infrastructure the Capital Regional District Planning and

[0:48:45] Planner: Protective Services Building Inspection and Integrated Water Services Island Health the

[0:48:50] Planner: Maine North and South Pender Island Local Trust Committees for comment it was also referred to

[0:48:55] Planner: the Cowichan tribes, Halal First Nation, Subasix or Lake Cowichan First Nation,

[0:49:01] Planner: Laiaxan First Nation, Malahat First Nation, Paquichan First Nation,

[0:49:05] Planner: Penelakut tribe, Semiamu First Nation, Seneimux First Nation,

[0:49:08] Planner: Seneimus First Nation, Sarplit First Nation, Seau First Nation,

[0:49:12] Planner: Swaston First Nation, Sakem First Nation, and the Wasonic Leisure Council for comment.

[0:49:18] Planner: Island Health and CRD both were in favor of the amendment with the caution that they

[0:49:23] Planner: They were concerned that no increased density would occur beyond the two dwellings that exist,

[0:49:30] Planner: as this is not the case, that is of not concern in this case.

[0:49:39] Planner: And there were no concerns raised by First Nations or other agencies.

[0:49:45] Planner: We've received two public submissions as of today,

[0:49:49] Planner: And I believe you've heard from the owner or the submitters of both of those in your CIM.

[0:49:56] Planner: We'll pass it back to you now, Chairman. Thank you.

[0:50:00] Trustee Maude: Thank you, Planner Smith. So submissions can be made at any time during and until the close of the hearing.

[0:50:07] Trustee Maude: If any submissions are received during the meeting, we'll pause prior to the closing to ensure the LTC has time to review those submissions.

[0:50:14] Trustee Maude: The submission should be emailed to vicphsub at islandstrust.bc.ca, and I note that Emily

[0:50:26] Trustee Maude: has also put this in the chat, if you can pop open the chat window if you need access

[0:50:30] Trustee Maude: to that.

[0:50:32] Trustee Maude: I invite members of the public who wish to speak to raise their hand to be identified.

[0:50:39] Trustee Maude: Please state your name prior to making comments.

[0:50:41] Trustee Maude: After your presentation to the LCC, the trustees may ask you questions, but they're primarily

[0:50:46] Trustee Maude: here to listen and will not debate the issues with you.

[0:50:50] Trustee Maude: I will call three times for speakers before closing the hearing, at which point no further

[0:50:55] Trustee Maude: written or oral submissions can be made.

[0:50:58] Trustee Maude: So at this point, if anybody has anything on the way of submissions in this process,

[0:51:06] Trustee Maude: So we'll go back to the Pepperwells.

[0:51:13] Voice 9: Can you hear us?

[0:51:14] Trustee Maude: Yes, we can.

[0:51:15] Trustee Maude: Thank you.

[0:51:16] Voice 9: Thank you.

[0:51:17] Voice 9: Our submission, which was submitted to you prior to the deadline, categorically stated in several paragraphs that we request that the application to rezone the undivided property be rejected and denied.

[0:51:35] Voice 9: We named a number of objections.

[0:51:38] Voice 9: I presume that the staff and the various adjudicating authorities read them.

[0:51:45] Voice 9: I would note from my comments in my section to paragraph four, number four, and I quote that we objected to the following, which stated staff are of the view.

[0:52:01] Voice 9: This was from an October 2023 report.

[0:52:08] Voice 9: Staff are of the view that draft bylaws 140 and 141 are not contrary to or invariance with the Islands Trust policy statement policies in particular,

[0:52:20] Voice 9: with respond to policies related to ecosystem protection and preservation, stewardship of resources, groundwater, and growth and development.

[0:52:32] Voice 9: it seems to me that the application directly contradicts that conclusion and i made mention

[0:52:38] Voice 9: in my comment in that paragraph and others that if if the staff had done some due diligence with

[0:52:46] Voice 9: regards to the history of this we wouldn't have to repeat stuff that happened in 2017 and 2018 which

[0:52:53] Voice 9: which is seven, six years ago.

[0:52:55] Voice 9: So I'm a bit shocked by how this has progressed.

[0:53:03] Voice 9: The fact that there was no notification given to the immediate neighbors,

[0:53:08] Voice 9: and we were told that we should be reading all of the other websites.

[0:53:12] Voice 9: I find that to be a rather inefficient way to proceed.

[0:53:16] Voice 9: And I asked the staff to address the issues that were raised point by point,

[0:53:22] Voice 9: including a numbered bullet list our objections and to comment if they have

[0:53:29] Voice 9: any contrary views what we have asked you to do which is to stop this process

[0:53:37] Voice 9: and reject the application okay

[0:53:41] Trustee Maude: thank you does anybody else have anything to

[0:53:45] Trustee Maude: submit mr. Bruce you

[0:53:53] Voice 9: can raise your hand again mr.

[0:54:04] Trustee Maude: Bruce if you're speaking we

[0:54:05] Trustee Maude: can't hear you yes

[0:54:08] Voice 6: i'm sorry um the previous owners of the property by the way did apply to

[0:54:14] Voice 6: have a subdivided and they were turned down and the reason i know this is because they tried to

[0:54:19] Voice 6: sell it to me and i could have done a boundary adjustment if i decided to buy it uh which was

[0:54:25] Voice 6: a way around subdivision anyway um and the other thing is mr smith mentioned that you know the

[0:54:33] Voice 6: wetlands not identified it certainly is it's on the islands trust it's in your

[0:54:38] Voice 6: it's in your mapping so it's been identified for a long time in the

[0:54:43] Voice 6: community plan that's all I have to say thank you mr. Bruce

[0:54:47] Trustee Maude: as anybody else

[0:54:51] Trustee Maude: are you back up again okay

[0:55:06] Voice 9: yeah oh

[0:55:08] Voice 3: hi um did you want me to repeat what I said

[0:55:11] Voice 3: that before, because you said I didn't say it in the right place.

[0:55:16] Trustee Maude: Certainly, if you said it before, not necessarily any need for you to repeat yourself,

[0:55:21] Trustee Maude: but if you like, you can make your comments at this time also.

[0:55:25] Voice 3: Well, I don't care as long as they're in what I said is in the record, because it's important to me.

[0:55:32] Planner: I would say that it's important that the public hearing record is separate from the

[0:55:36] Planner: meeting minutes, so I think it's important that if you have an opinion or perspective to share,

[0:55:42] Planner: you reiterate that. Okay, I

[0:55:45] Planner: will. Yeah, thanks.

[0:55:46] Voice 3: Okay, sure. I object to this piecemeal dismantling

[0:55:52] Voice 3: of ROC. We worked for years. It was hard work. We made choices about how we wanted our community

[0:56:00] Voice 3: community to grow. And now it appears that anybody with the money and the time can just

[0:56:05] Voice 3: change that, can increase density, can increase the number of lots without consideration of

[0:56:13] Voice 3: the neighborhood. I understand this business of trading diversity credits off other pieces

[0:56:21] Voice 3: of land, but I think it's really to see that as on a whole island basis rather than a neighborhood

[0:56:28] Voice 3: basis is flawed.

[0:56:32] Voice 3: Further on, I think it's really unfair and unjust to continue to make exceptions to the

[0:56:40] Voice 3: rules to accommodate owners that are unhappy with how they own the land.

[0:56:47] Voice 3: The current status and title of the applicant's interest in this property is that of an undivided

[0:56:53] Voice 3: property with four co-tenants.

[0:56:55] Voice 3: If this land ownership structure no longer meets the applicant's needs, there are other structures available in British Columbia to own property that the owners could pursue that would give them more financial separation, which they won't.

[0:57:12] Voice 3: Asking the community to grant an exception to our OCP is not a reasonable way for their estate planning to be addressed. It's their personal problem to solve, not the community's.

[0:57:26] Voice 3: The subdivision of this property will also result in a large financial gain for both couples, with negligent benefit to the larger community.

[0:57:37] Voice 3: The applicants are privileging their private needs and economic incentives above the public benefit.

[0:57:46] Voice 9: This is Al Rizzuto. Since Ann Popper's channel is still on, and we're on the same channel, 132 East Point Road, co-tenant, co-owner.

[0:57:56] Voice 9: I would like to draw your attention to your heavy-duty flyer that you announced this meeting and this action.

[0:58:06] Voice 9: On the right-hand panel, 100-101 Payne Road map, you will see the various adjoining properties.

[0:58:16] Voice 9: A magnification of that might be health, because if you look at the adjoining property directly above the 101-01 Payne Road, you will see our property, 132 East Point Road, which turns the corner into Payne Road.

[0:58:35] Voice 9: You will also note that our property cuts out a little bit, and that reason is important

[0:58:42] Voice 9: because it is precisely in that jutting out place that excavations and trespass occurred

[0:58:51] Voice 9: on behalf of the neighbors, which were the co-tenants of 101 Payne Road.

[0:58:58] Voice 9: And to prove my point is to say that the water passage under the road occurs just to the right above the Thich Nhat Hanh Morgan Hook.

[0:59:13] Voice 9: So you have a conduit of pipe, and then it goes into the wetland directly.

[0:59:19] Voice 9: And you can see that visibly. Anybody could take a walk down there on such a sunny day as this.

[0:59:24] Voice 9: So I find that this matter cannot be simply tossed away as an old problem.

[0:59:30] Voice 9: The problem continues.

[0:59:32] Voice 9: Thank you.

[0:59:33] Voice 9: Okay, thank you.

[0:59:34] Trustee Maude: All right, so I'll ask once for any more speakers.

[0:59:39] Trustee Maude: I'll ask a second time if there are any more speakers.

[0:59:46] Trustee Maude: And I'll ask a third time, are there any more speakers?

[0:59:53] Trustee Maude: This is now the final opportunity for you to hand in the written submissions to the Local Trust Committee.

[0:59:57] Trustee Maude: Once the hiring is closed, no additional submissions.

[1:00:00] Trustee Maude: admissions will be accepted. All right, so we'll close the public hearing now. Please be advised

[1:00:08] Trustee Maude: that we're now in the post-public hearing stage legislative review of the proposed bylaws number

[1:00:12] Trustee Maude: 140 and 141. The Subterranean Local Trust Committee can now no longer receive information pertaining

[1:00:19] Trustee Maude: to the proposed bylaws. However, you still can submit any outstanding questions and comments

[1:00:24] Trustee Maude: directly to the plan. The LTC may give further readings to the bylaw or defeat the bylaw or make

[1:00:30] Trustee Maude: minor amendments that do not affect user density without further notice of hearings so we'd like

[1:00:35] Trustee Maude: to reconvene in the meeting now and um the lcc will consider options regarding the violence thank

[1:00:40] Trustee Maude: you all right so moving forward uh we're at page 12 of the agenda uh which is sa rz 2023.2 thigh

[1:00:53] Trustee Maude: check proposed bylaws number 140 and 141 post public hearing staff report which is attached

[1:01:01] Trustee Maude: Thank

[1:01:05] Planner: you, Chair. So now you're past your public hearing and you have a staff report here in front of you to consider with respect to the application that you just heard from your constituents with respect to.

[1:01:17] Planner: in this report staff are recommending that the local trust committee consider giving the two

[1:01:24] Planner: bylaws third reading and sending them to executive committee for approval because there is an ocp

[1:01:30] Planner: amendment you require minister of minister or the ministry of municipal affairs ministry

[1:01:36] Planner: ministerial approval as well and so staff are recommending that the local trust committee can

[1:01:43] Planner: decide to accept these recommendations and move forward or hearing what you just heard from your

[1:01:49] Planner: community you can decide uh other alternatives seek additional information no longer proceed

[1:01:56] Planner: i think from a staff perspective from what i've just learned in the cim in public hearing

[1:02:01] Planner: uh it would not change my recommendations at this time i will pass it back

[1:02:05] Planner: to you chairman thank you

[1:02:07] Planner: um

[1:02:08] Trustee Maude: trustees trustee boland um

[1:02:14] Voice 12: can i ask uh when you provide notice of the public hearing

[1:02:18] Voice 12: um is there a deadline by which submissions have to be made um i just see i acknowledge what you've

[1:02:28] Voice 12: just said trustee smith but i see a slight disconnect between the fact that the submissions

[1:02:34] Voice 12: were received yesterday, but the staff report was prepared before that. So you're verbally saying

[1:02:41] Voice 12: that you don't see that that changes the staff report. But I'm just

[1:02:47] Voice 12: wondering normally how the

[1:02:49] Voice 12: timeline would work out. Thanks.

[1:02:52] Planner: Normally, this is always a conflict of the process to get agendas

[1:02:58] Planner: is published and staff reports complete and to the public with time to review versus uh receiving

[1:03:06] Planner: information at the last minute that may or may not alter the course of your decision making or

[1:03:11] Planner: my recommendations so it's something we deal with at this stage with every application

[1:03:19] Planner: there's a notification period a required period but it's general practice to receive all

[1:03:28] Planner: information right up to right up to the end of the public hearing and in fact to

[1:03:33] Planner: the statutory requirement so ideally everyone would give their would give all

[1:03:40] Planner: their submissions in prior to the deadline so that they can be inserted

[1:03:45] Planner: into the staff report realistically that's not possible so is there a

[1:03:49] Voice 12: deadline though sorry is there a deadline

[1:03:51] Planner: there is there is no deadline

[1:03:53] Planner: there's a notification period but the deadline is up to the end of the public

[1:03:57] Planner: public hearing. And so they can be emailing. So if you received a 10-page document, you know,

[1:04:04] Planner: technically 10 minutes before your hearing ends, you could pause your public hearing and go read

[1:04:08] Planner: that document to ensure that you have all the information available and that's been provided

[1:04:13] Planner: to you. And that does occur as well. In this case, you only had the two letters

[1:04:17] Planner: and you had them in enough time to review them, I assume. And so, but yes, it is absolutely

[1:04:26] Planner: absolutely a flaw of our system where we have this period where the staff recommendation

[1:04:33] Planner: sometimes does change in that period. In this case, I wouldn't change my recommendation based

[1:04:42] Planner: on what I have to start.

[1:04:43] Voice 12: Okay, thanks. That's clear. Thank you.

[1:04:46] Trustee Maude: Yeah, I think that's the whole

[1:04:48] Trustee Maude: thing is that basically it's the planners provide sort of preliminary report and then through the

[1:04:54] Trustee Maude: the public hearing process if there's something substantive comes forward that that you know

[1:05:00] Trustee Maude: might change their opinion or something that would that would be voice for the planet at that time

[1:05:05] Trustee Maude: and would guide our decision making so um as stated and

[1:05:11] Planner: i would say i mean there is quite a

[1:05:14] Planner: bit of process uh behind this uh uh and so i would say in most cases most of the substantive stuff

[1:05:22] Planner: has been unearthed which i think is the case in this application but there are cases for example

[1:05:28] Planner: on galliano where at the last minute we had information from penelaket around the crystal

[1:05:35] Planner: mountain rezoning application there's a good example where uh post public hearing they decided

[1:05:41] Planner: to direct staff to collect more information instead of proceeding yeah

[1:05:45] Trustee Maude: i believe was similar

[1:05:46] Trustee Maude: with the vortex on Salt Spring. The last minute information can come in and affect the process,

[1:05:55] Trustee Maude: but Planner Smith stays comfortable. Trustee Middleton, do you have anything to ask the

[1:06:04] Trustee Maude: Planner?

[1:06:07] Trustee Middleton: Well, I'm just feeling somewhat of a disadvantage here in the sense that this is a

[1:06:12] Trustee Middleton: a real impact of my email being currently non-functional with the trust. And I just

[1:06:17] Trustee Middleton: have to be completely frank. And I think this does affect the process. I haven't seen those

[1:06:21] Trustee Middleton: two letters. And I think if I were to pretend otherwise, I'd be doing the process an injustice.

[1:06:27] Trustee Middleton: And my tendency is to say, because of that, I think we might need to delay just because I would

[1:06:34] Trustee Middleton: be jeopardizing perhaps the outcome if I pretended I'd seen the letters, which I haven't.

[1:06:41] Trustee Middleton: and therefore didn't indicate

[1:06:45] Trustee Middleton: that I had satisfactorily moved on

[1:06:48] Trustee Middleton: from the content of them.

[1:06:50] Trustee Middleton: And so I know this is not necessarily

[1:06:53] Trustee Middleton: the outcome anyone necessarily wants,

[1:06:55] Trustee Middleton: but my thinking is I do think

[1:06:57] Trustee Middleton: we might need to defer here.

[1:06:59] Trustee Middleton: I know that the process

[1:07:01] Trustee Middleton: with Judy Meyer's property

[1:07:03] Trustee Middleton: is grinding along extremely slowly.

[1:07:05] Trustee Middleton: A delay does not affect

[1:07:06] Trustee Middleton: what's happening there.

[1:07:09] Trustee Middleton: And I know it would be

[1:07:11] Trustee Middleton: a disappointment to the applicants but i don't want to jeopardize their um you know judicial

[1:07:17] Trustee Middleton: good standing by simply um um you know indicating that i'd been apprised of all information when i

[1:07:27] Trustee Middleton: when i haven't now i'm not blaming anybody for that this is a unique circumstance of uh the ports

[1:07:33] Trustee Middleton: for the the service i used to get internet being blocked by the trust exchange server

[1:07:37] Trustee Middleton: which we're still working on, but this is a real consequence of it. It's not benign.

[1:07:42] Trustee Middleton: So I'm sorry to be the bearer of what may be bad news here, but I'm thinking a delay might be the

[1:07:48] Trustee Middleton: most prudent approach to these proceedings.

[1:07:53] Planner: So it certainly complicates the process as you

[1:07:56] Planner: are now post-public hearing and you are not supposed to receive any new information. So

[1:08:01] Planner: that certainly would have been better to learn at the end of your public hearing there when you

[1:08:06] Planner: were here and you could have kept your public hearing open and read those letters and then

[1:08:13] Planner: had that information in front of you so i'm not sure if we can rewind now and do that chair mod

[1:08:21] Planner: or reopen your public hearing uh but if not then we're gonna have to go to the expense

[1:08:27] Planner: and effort of re-notifying and uh re-holding your public hearing oh

[1:08:34] Trustee Maude: is mr marler available

[1:08:36] Trustee Maude: to give you a quick bit of guidance there not

[1:08:41] Planner: that quick I doubt because

[1:08:44] Trustee Maude: it is unique circumstances

[1:08:48] Trustee Maude: see

[1:08:49] Planner: if Robert's available to come online okay

[1:08:52] Trustee Maude: thank you yeah we just need to pause for some

[1:08:56] Trustee Maude: yeah

[1:08:56] Voice 12: just for the sake of them the public and the record could we make it clear what the

[1:09:05] Voice 12: circumstances were which is that there is an infrastructure technical infrastructure issue

[1:09:13] Voice 12: which is being addressed but it means that trustee middleton has not received his items trust emails

[1:09:20] Voice 12: so there

[1:09:21] Planner: were other ways for trustee middleton

[1:09:23] Planner: to to deal with that if he knew he didn't have email

[1:09:25] Planner: but we certainly could have communicated to him some other way if we knew that he wasn't receiving

[1:09:30] Planner: yeah

[1:09:30] Voice 12: but the point is that they came in rather late and if you don't know they're there you

[1:09:37] Voice 12: don't actually know to ask

[1:09:39] Trustee Middleton: at this point rather than

[1:09:41] Trustee Middleton: quibble why don't quibble i'm going to um

[1:09:44] Trustee Middleton: i'm going to move that this be deferred until the subsequent meeting i'm not arguing the subtleties

[1:09:50] Trustee Middleton: of my technical disadvantage or not it's not your role planner smith to get into that kind

[1:09:54] Trustee Middleton: an argument with me during a meeting so actually

[1:09:57] Trustee Middleton: there being a i'm actually requesting there be a

[1:10:01] Trustee Middleton: deferral um and i leave it to the chair yeah

[1:10:05] Trustee Maude: so we're just seeking a little bit of guidance um

[1:10:08] Trustee Maude: um from the the powers that be as to where we are in the public process um is is that if we

[1:10:18] Trustee Maude: have to wind the clock back or not um in order for you actually to officially receive these emails so

[1:10:25] Trustee Maude: So hopefully we'll get some guidance in the next minute or so.

[1:10:30] Trustee Maude: I don't think we need a motion to defer.

[1:10:32] Trustee Maude: It was just basically where nobody was going to move the motions and we move on.

[1:10:40] Trustee Maude: But for the process of the public hearing, we need to have a little bit better understanding as to where we're sitting right now.

[1:10:50] Trustee Maude: Do we have to start all over again next meeting or where we're at?

[1:10:54] Trustee Maude: app. So I don't know if Planner Smith has any insight yet. If not, we'll just have to move on.

[1:10:59] Planner: Kim is asking Robert or David if they're available in the office.

[1:11:03] Trustee Maude: Okay, thank you. All right, tell you what, do we want to just take a five-minute break

[1:13:20] Trustee Maude: just so we're not staring at each other? Yes. So let's recess until, let's be generous and say

[1:13:31] Trustee Maude: say 2 55 so eight minute break yeah um and um hopefully we'll have some some proper guidance

[1:13:40] Trustee Maude: coming at that time so we'll recess for for eight minutes please thank you

[1:13:46] Voice 3: okay thank you

[1:14:02] Voice 4: all right we're

[1:21:06] Trustee Maude: back at the magic hour of 2 55 um uh partner smith i don't know if you have any

[1:21:12] Trustee Maude: guidance from the office if not I'm tempted just to proceed so the way that

[1:21:36] Trustee Maude: we're sitting right now is either way trustee Middleton has not seen the

[1:21:43] Trustee Maude: information that he feels he needs to make a decision with so it sounds like

[1:21:51] Trustee Maude: no matter what the outcome is the trustees are not willing to proceed

[1:21:56] Trustee Maude: today with the

[1:21:59] Trustee Maude: bylaw.

[1:22:02] Trustee Maude: So where that

[1:22:03] Trustee Maude: is administratively wise,

[1:22:06] Trustee Maude: Planner Smith can work

[1:22:07] Trustee Maude: with staff, with

[1:22:09] Trustee Maude: management, and figure out whether

[1:22:11] Trustee Maude: or not at our next meeting we need to

[1:22:13] Trustee Maude: reconvene

[1:22:14] Trustee Maude: the public information

[1:22:16] Trustee Maude: hearing and such

[1:22:19] Trustee Maude: to sort of have to restart

[1:22:21] Trustee Maude: the process.

[1:22:23] Trustee Maude: I'm thinking probably

[1:22:25] Trustee Maude: not, but

[1:22:27] Trustee Maude: But we don't know.

[1:22:28] Trustee Maude: But the thing is that obviously we don't need to know right now because Trustee Middleton has sort of said that he's not comfortable with proceeding until he sees this information.

[1:22:40] Trustee Maude: So I think administratively speaking, we'll just need to go forward.

[1:22:45] Trustee Maude: Trustee Middleton, you have your hands up.

[1:22:47] Trustee Maude: Thank you, Chair.

[1:22:51] Trustee Middleton: Yeah, what I'm thinking, it sort of goes beyond my lack of receiving the information.

[1:22:56] Trustee Middleton: We've heard that neighbors are not happy.

[1:22:57] Trustee Middleton: We want neighbors to be happy about something like this because it's a benefit to the applicants that should not be perceived to disadvantage their neighbors.

[1:23:09] Trustee Middleton: Now, we've heard arguments, I think, that the points raised, I'm somewhat familiar with the points raised from 2018 in regard to drainage, and my understanding was MOTI provided redress at that point.

[1:23:24] Trustee Middleton: But nonetheless, there needs to be, I think, some time to work through these issues so that the neighbors have a higher degree of comfort and we get as close as we can on a matter like this to consensus.

[1:23:37] Trustee Middleton: We heard from Plano Smith that an adjustment, as long as it's not substantive, can be entertained at the third reading of the bylaw next meeting.

[1:23:46] Trustee Middleton: I understand the applicants are probably eager for a conclusion.

[1:23:52] Trustee Middleton: However, I don't think there's any risk to the mechanics that PlanetSmith has engineered with this bio, which I think is a good one.

[1:24:03] Trustee Middleton: If we wait and seek additional input from the neighbors, perhaps there's an adjustment that might be required.

[1:24:15] Trustee Middleton: Perhaps not. Of that, I'm not sure. As I say, I've not thought this through yet because this is new information to me.

[1:24:20] Trustee Middleton: But that's my thinking is we don't, you know, talk of a waste of money.

[1:24:24] Trustee Middleton: And it's like, no, this is the administrative process whereby citizens of Saterna Island feel they are being heard and they are enjoying good governance.

[1:24:34] Trustee Middleton: Comments like that are not welcome. And so what I would say is let's, in good faith, proceed.

[1:24:40] Trustee Middleton: seed we are actually working within the confines of of the local government act as as it's laid

[1:24:47] Trustee Middleton: out for us and we're trying to do a good job for the citizens who are affected that includes the

[1:24:51] Trustee Middleton: neighbors as well as the applicants and i think we can get there because i don't see the need to

[1:24:55] Trustee Middleton: rush through this yeah

[1:24:57] Trustee Maude: no fair enough so so we will just move on the agenda um so um to be clear

[1:25:04] Trustee Maude: that's the last thing on our agenda

[1:25:09] Trustee Maude: unfortunately I don't have our next meeting date

[1:25:11] Trustee Maude: in front of us because normally we say

[1:25:13] Trustee Maude: that so but I need a motion

[1:25:15] Trustee Maude: now to close the meeting

[1:25:16] Trustee Maude: as we need to go in camera to consider

[1:25:19] Trustee Maude: some appointments

[1:25:22] Trustee Maude: so does either of you have it in front

[1:25:24] Trustee Maude: of you if not I'll read it out

[1:25:31] Trustee Middleton: I can find it but it's probably easier if you read

[1:25:33] Trustee Middleton: it

[1:25:33] Trustee Middleton: yeah

[1:25:34] Trustee Maude: I have it

[1:25:37] Voice 12: here

[1:25:37] Voice 12: here. So I think I have it. I had it two seconds ago. Yeah.

[1:25:44] Voice 12: And I'm, I'm the

[1:25:50] Trustee Maude: positive part of Smith.

[1:25:51] Trustee Maude: Yeah,

[1:25:51] Planner: so I've had time to talk with chat with Martin with David

[1:25:54] Planner: Marla, which is what I was doing. I didn't just abandon

[1:25:56] Planner: you. Yeah. So

[1:26:00] Trustee Maude: appreciate that. So what? Where

[1:26:02] Trustee Maude: are you at?

[1:26:03] Trustee Maude: Well, where we're at is that the trustees are unwilling to move

[1:26:07] Trustee Maude: move the motion at this point in time yeah so

[1:26:09] Trustee Maude: it'll be it'll be deferred to the next meeting

[1:26:12] Trustee Maude: and you can advise whether or not we have to go through the hearing process again or whatever

[1:26:16] Planner: so so my understanding from mr merler is that because the submissions were received yesterday

[1:26:24] Planner: and put on webdev and available on the public website for anyone to see and review that

[1:26:31] Planner: that you can proceed without a public hearing

[1:26:35] Planner: and you can certainly defer your decision now

[1:26:37] Planner: if Trustee Middleton wants to take time

[1:26:39] Planner: to review his public hearing record,

[1:26:41] Planner: either through his email or on the website

[1:26:43] Planner: where it's available.

[1:26:45] Trustee Maude: Perfect, so you're comfortable with us

[1:26:47] Trustee Maude: deferring to the next meeting?

[1:26:48] Planner: It's not a matter of comfort.

[1:26:50] Planner: I was just checking on procedure

[1:26:51] Planner: in terms

[1:26:52] Trustee Maude: of whether we

[1:26:53] Planner: would have to do

[1:26:53] Planner: another public hearing because of course,

[1:26:55] Planner: that takes time and expense and taxpayer investment.

[1:26:59] Planner: So I was trying to avoid that for you.

[1:27:01] Planner: That was my

[1:27:02] Planner: only intent.

[1:27:05] Trustee Maude: So right now we're sort of moving on.

[1:27:08] Planner: So right now I think you can just defer and move on to your...

[1:27:13] Trustee Maude: Exactly, that's what we decided to do.

[1:27:16] Trustee Maude: So where

[1:27:17] Trustee Maude: we're at is Trustee Bowman's about to read out...

[1:27:19] Trustee Maude: Oh, Trustee Middleton's got his hand up.

[1:27:21] Trustee Middleton: Yeah, I don't know if this is a unique circumstance to me,

[1:27:24] Trustee Middleton: but the WebDev folder is empty.

[1:27:26] Trustee Middleton: There's nothing in the WebDev folder under correspondence.

[1:27:31] Voice 12: It's on the web, but it's not in the webdav folder, the two pieces of correspondence.

[1:27:38] Voice 12: I agree with you, I looked in the webdav folder and it's not there, it's on the web.

[1:27:45] Trustee Maude: Okay.

[1:27:47] Trustee Maude: So Trustee Bowman, if you want to make a motion.

[1:27:52] Voice 12: So motion to close the meeting, I move that the meeting be closed to the public in accordance

[1:27:58] Voice 12: with the community charter, part four, division three, section 91A, for the purpose of considering

[1:28:08] Voice 12: personal information about an identifiable individual who holds or has been considered

[1:28:14] Voice 12: for a position as an officer, employee or agent of the municipality or another position

[1:28:20] Voice 12: appointed by the municipality and that the recorder and staff attend the meeting.

[1:28:25] Trustee Maude: Right. Is there a seconder for that motion? Trustee Middleton? Yes. Any discussion? Call the question all in favor? That carries. So thank you, everybody. We'll be closing the meeting. We're just considering some appointments to the Board of Variants, and we'll rise and report if you're interested. It probably won't be more than five or ten minutes, likely. So I'll ask Emily to close down the meeting.

[1:28:54] Trustee Middleton: One percent of battery here, so I think you might lose me.

[1:28:58] Trustee Middleton: momentarily well

[1:28:59] Trustee Maude: we're about it'll be two seconds um so i'm just going to do a rise report um that

[1:29:06] Trustee Maude: we have appointed um dennis perch uh to the board of variance and we have also in addition

[1:29:14] Trustee Maude: appointed priscilla eubank rob alleyway and stephen brown to our advisory planning commission

[1:29:20] Trustee Maude: and that concludes the business of our meeting today um so i just need a motion to adjourn

[1:29:29] Voice 12: i'm lucid we adjourn

[1:29:30] Trustee Maude: this second trustee

[1:29:31] Voice 12: all

[1:29:32] Trustee Maude: right any discussion call the question all in favor thank you all very very much thank you

[1:29:39] Trustee Middleton: don't

[1:29:40] Trustee Maude: you just love zoom meetings again yes

[1:29:42] Trustee Maude: yeah

[1:29:43] Trustee Middleton: okay all

[1:29:44] Trustee Maude: right thank you all for your time and

[1:29:46] Trustee Maude: And we won't.

[1:29:47] Trustee Middleton: Bye, everybody.

Saturna Island Local Trust Committee 
Special Business Meeting 
March 26, 2024 ADOPTED Page 1 of 5 
 
Saturna Island Local Trust Committee 
Minutes of Special Meeting 
 
Date:  
Location:  
March 26, 2024 
Electronic Meeting 
 
Members Present: David Maude, Chair (electronic) 
 Lee Middleton, Local Trustee (electronic) 
 Mairead Boland, Local Trustee (electronic) 
  
Staff Present: Brad Smith, Island Planner (electronic) 
 Katherine Vogt, Recorder (electronic) 
  
Others Present: There were approximately five (5) members of the public present. 
  
 
1. CALL TO ORDER 
Chair Maude called the electronic meeting to order at 1:34 p.m. He acknowledged that the 
meeting was held on the territory of the Coast Salish First Nations. He introduced Trustees, staff, 
recorder, and members of the public. He noted that Trustee Middleton was delayed and would 
hopefully be joining the meeting shortly.   
2. APPROVAL OF AGENDA 
By general consent, the agenda was approved as presented. 
3. MINUTES 
3.1 Local Trust Committee Minutes Dated February 15, 2024 (for Adoption) 
By general consent, the Saturna Island Local Trust Committee minutes dated February 
15, 2024 were adopted as presented. 
4. COMMUNITY INFORMATION MEETING 
4.1 SA-RZ-2023.2 (Thachuk) - Proposed Bylaws 140 and 141 
Chair Maude opened the Community Information Meeting at 1:37 p.m.  
Island Planner Smith explained that the Community Information Meeting was for 
members of the public to ask questions regarding proposed Bylaws 140 and 141 for the 
application SA-RZ-2023.2 (Thachuk). Bylaws 140 and 141 would amend the Land Use 
Bylaw and Official Community Plan by rezoning the parcel at 100/101 Payne Road to 
permit an additional dwelling density transferred from 201 Harris Road. The transfer 
would occur through a private agreement between the property owners. The Harris 
Road property would also offer three additional densities to the Community Amenity 
Density Reserve. 
A D O P T E D 

 
Saturna Island Local Trust Committee 
Special Business Meeting 
March 26, 2024 ADOPTED Page 2 of 5 
An applicant representative noted that the intent of the application was to separate a 
Tenancy-In-Common property for estate planning purposes and are purchasing a 
density from the Harris Rd parcel to do so.  
Members of the public noted or asked the following: 
 What is the square footage of the residential building and cottage on the 100/101 
Payne Road property?  
o Island Planner Smith responded that there was no record of the square footage 
of the structures 
o If the rezoning application was to proceed, the applicants would have the right 
to two residential dwelling units with no cottage rights, rather than their current 
permission for one dwelling unit and one accessory cottage 
o The cottage could be upgraded in size after rezoning 
o The applicant representatives responded that the main house was 
approximately 1800 square feet, and the cottage was approximately 995 square 
feet, which is just under the allowable 1000 square feet 
o LTC could establish a maximum square footage as part of the rezoning and/or 
require a s219 covenant establishing areas where no future development can 
occur 
 Is the 201 Harris Road property separate from the 100/101 Payne Road property? 
o Island Planner Smith noted that the two properties were separate, and density 
transfers do not need to have the properties adjacent to each other. 
 Why did we receive notification of this application only in March 2024, leaving us 
less than three weeks to prepare for this meeting? We are the immediate neighbors 
of this property proposed for rezoning and should have been notified sooner 
o Island Planner Smith responded that the statutory requirements were for 
notification to be sent to all property owners within a 100-meter radius of each 
subject parcel 10 to 21 days before the public hearing; but the application itself 
has been widely publicly available on numerous local agendas and the Trust 
website since 2023 
o Island Planner Smith added that they advise applicants to engage with 
neighbors but cannot require it 
 This subdivision application is important for being adjacent to a significant and 
currently unprotected sensitive wetland which drains a very large watershed into 
Boot Cove, which the Trust needs to review 
o Island Planner Smith noted that he had a record of a bylaw complaint file from 
2018 and the bylaw complaint was closed after finding that no structures were 
encroaching on any watercourse 
o The watercourse is not currently provincially registered 
o A member of the public noted that between 2017 and 2018, there was 
extensive correspondence involving numerous agencies and Trustee Middleton 
regarding the problematic diversion of the watercourse and subsequent 
flooding of a downstream property; a chronology of documents can be 
provided. Can the Trust compile this information for inclusion in a new public 
hearing? 

 
Saturna Island Local Trust Committee 
Special Business Meeting 
March 26, 2024 ADOPTED Page 3 of 5 
o A member of the public commented that the concern would be if a future 
property owner converted the land to a farm, or for some other reason drained 
the wetland 
o This wetland should be registered and protected 
 There are two charcoal pits historically used by Japanese farmers for their 
greenhouse operations on Mayne Island. The Trust should work on recognizing and 
protecting these historic sites 
o Island Planner Smith responded that there were no references to charcoal pits 
in his records 
 Despite all the years spent on the Official Community Plan, it seems that anybody 
with enough money can bring about unfair personal exceptions to the rules. 
Personal estate planning should not be a community issue 
 
The Community Information meeting ended at 2:17 pm. 
 
Trustee Middleton joined the meeting at 2:17 pm. 
5. PUBLIC HEARING 
5.1 SA-RZ-2023.2 (Thachuk) - Proposed Bylaws 140 and 141 
5.1.1 Recess for Public Hearing 
The meeting recessed for public hearing at 2:18 a.m. 
5.1.2 Recall to Order 
The meeting was recalled to order at 2:34 p.m. 
Public Hearing record under separate cover. 
6. BUSINESS ITEMS 
6.1 SA-RZ-2023.2 (Thachuk) - Proposed Bylaws 140 and 141 - Post Public Hearing Staff 
Report 
Island Planner Smith presented the staff report that recommended that proposed 
Bylaws No. 140 and No. 141 be read a third time and forwarded for Executive 
Committee and Ministerial approval. He noted the following: 
 Information recently received from the Community Information Hearing and the 
Public Hearing would not change staff recommendations at this time 
 Last minute information is very common with applications. Staff reports must be 
completed well ahead of meetings to be included in the agenda package; but the 
deadline for receiving information is right up to the end of the Public Hearing 
 
Trustee Middleton stated that his Islands Trust email, due to the ports being blocked for 
the Trust exchange server, had not been working, and he had not been able to read the 
two recent submission letters. He recognized that the applicants would be disappointed 
in the slowing of their application process, but requested to defer third reading of the 
Bylaws for prudence. 
 

 
Saturna Island Local Trust Committee 
Special Business Meeting 
March 26, 2024 ADOPTED Page 4 of 5 
Island Planner Smith attempted to contact the Director of Legislative Services David 
Marlor or Regional Planning Manager Robert Kojima for guidance on the possibility of 
reopening the Public Hearing to give Trustee Middleton time to read through the recent 
correspondence. He noted the time and expense of redoing the Public Hearing. 
 
By general consent the meeting was recessed at 2:47 p.m. and reconvened at 2:55 p.m. 
Trustee Middleton expressed that a higher level of neighbor comfort with the 
application would benefit the applicant. Adjustments to the Bylaw may be a possibility. 
Citizens of Saturna want to see good governance and this is more important than 
rushing through the process. 
 
Island Planner Smith confirmed that he was able to contact Director Marlor who advised 
that because the submissions were received yesterday and put on WebDAV, as well as 
being available on the public website, that Trustees could defer their decision and then 
proceed without a public hearing. 
7. CLOSED MEETING (Distributed Under Separate Cover) 
7.1 Motion to Close the Meeting 
SA-2024-020 
It was Moved and Seconded, 
that the meeting be closed to the public in accordance with the Community 
Charter, Part 4, Division 3, s. 90(1)(a) for the purpose of considering: 
(a) personal information about an identifiable individual who holds or is 
being considered for a position as an officer, employee or agent of the 
municipality or another position appointed by the municipality; 
AND that the recorder and staff attend the meeting. 
CARRIED  
7.2 Recall to Order 
By general consent the meeting was recalled to order at 3:14 pm. 
7.3 Rise and Report 
Chair Maude reported that that Dennis Perch was appointed to the Board of Variance; 
and that Priscilla Ewbank, Rob Alloway, and Steven Brown were appointed to the 
Advisory Planning Commission. 
 
8. ADJOURNMENT 
SA-2024-021 
It was Moved and Seconded, 
that the meeting be adjourned. 
CARRIED  
  

 
Saturna Island Local Trust Committee 
Special Business Meeting 
March 26, 2024 ADOPTED Page 5 of 5 
The meeting was adjourned at 3:15 p.m. 
 
 
_________________________ 
David Maude, Chair 
 
Certified Correct: 
 
_________________________ 
Katherine Vogt, Recorder